An Upshur County man is suing a construction company, alleging unpaid overtime, and he would like the suit to be considered a collective action.

Paul Schnetzer, on behalf of himself and others similarly situated, filed a lawsuit Aug. 10 in the Tyler Division of the Eastern District of Texas against Sartain Structures Inc. and Robert Sartain of Gladewater.

According to the complaint, for nearly five years, Schnetzer worked for the defendant as an hourly paid construction worker who routinely put in more than 40 hours in a seven-day work week. As a non-exempt employee under the Fair Labor Standards Act, the plaintiff was due time-and-a-half for any hours worked over 40, the suit says. Schnetzer alleges he was not paid that and says co-workers were similarly situated.

Schnetzer seeks a jury trial, an order certifying this as an FLSA collective action, all damages allowing including back overtime wages, legal fees and court costs. He is represented by attorney Allen R. Vaught of Baron & Budd in Dallas.

Tyler Division of the Eastern District of Texas case number 6:15-cv-00736-MHS.

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